Last Updated: Sep, 2024

Understanding the Use of Enjoy

When we refer to 'Enjoy' in this document, it encompasses both the application identified by the ID ai.enjoy.world and the application identified by the ID ai.CAPChat on the Apple App Store. Other definitions are: "User Content": Any content uploaded, created, or shared by users, including photos, generated chatbots, and prompted interactions.
"Services": All features and functionalities provided by Enjoy, including both ai.enjoy.world and ai.CAPChat.

 

By choosing to use Enjoy, you are agreeing to the following terms and conditions:

 

Who Can Use the Services

Enjoy's services are available to those who are at least 18 years of age or older, or that you're accessing these services under your parent or guardian's supervision. This age requirement may vary based on jurisdictional legal requirements. By using Enjoy, you confirm that you meet the age requirement to form a binding contract with us or have your parent or guardian's agreement to these terms. If you don't meet these requirements, please refrain from accessing or using Enjoy.

 

Your Rights to Use the Services

We encourage a respectful and positive experience for all Enjoy users. This means not engaging in behavior that is abusive, harassing, threatening, impersonating, or intimidating towards others. Remember, you're accountable for any activity that occurs under your account. We prohibit content that is illegal, infringing, defamatory, obscene, or harmful.

 

Rights You Grant Us

While not obligatory, we reserve the right to review, screen, and delete your user content if it potentially violates these Terms. The content you create and share through Enjoy is your responsibility, including its backup.

Please note that although Enjoy currently doesn't host advertisements, by accessing or using the services, you agree that Enjoy, along with its affiliates and third-party partners, may place advertising within the Services.

We always appreciate your feedback and suggestions about Enjoy. By sharing your ideas, you acknowledge that they are not confidential and that we may use them without any obligation to compensate you.

 

Safety and Respecting the Rights of Others

We are committed to maintaining a safe and respectful environment on Enjoy. It's important that your user content does not:

• Infringe any third-party rights, including intellectual property or privacy rights.

• Be deceptive, illegal, harmful to minors, or promote illegal activities.

• Include bullying, harassment, vulgarity, or offensive materials.

In using Enjoy, you agree not to:

• Distribute harmful software or code.

• Illegally collect information about others.

• Impair or disrupt the servers or networks connected to the Services.

• Attempt unauthorized access to the Services.

• Interfere with another user's enjoyment of the Services.

Your commitment to these guidelines helps ensure a positive and enjoyable experience for all users of Enjoy.

 

About Generated and Third-Party Content

At Enjoy, we strive to create a safe and engaging environment, but note that we cannot be held responsible for content or materials generated or prompted by third parties, including user-created characters and user-prompted interactions. As we do not pre-screen generated content, remember that AI-generated content and conversations can be unpredictable and may sometimes deviate from expected norms, potentially leading to inaccuracies or content that could be seen as offensive. By using this content you acknowledge that any use of such content or material is at your own discretion and risk. Evaluating the accuracy or completeness of these interactions is solely your responsibility. We appreciate your understanding and are here to support a positive experience in every interaction on Enjoy. If you'd like to report any violations or inappropriate content, please send an email containing specifics to support@enjoy.ai
 

Intellectual Property Rights
User Ownership: Users retain ownership of their photos and any content they create.
License to Enjoy: Users grant Enjoy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display their content for the purpose of providing and improving the Services.
Restrictions: Users agree not to infringe on third-party intellectual property rights when uploading content.

 

Disclaimers and Limitation of Liability

No Warranty

Enjoy provides the Services on an "AS IS" and "AS AVAILABLE" basis. We make no warranties, express or implied, regarding the functionality, availability, accuracy, reliability, or suitability of the Services for any particular purpose. To the fullest extent permitted by applicable law, Enjoy disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

To the maximum extent permitted by law, in no event shall Enjoy, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your use or inability to use the Services;
Any unauthorized access to or use of our servers and/or any personal information stored therein;
Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party;
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.
Accuracy of AI-Generated Content

While we strive to ensure that AI-generated chatbots provide accurate and helpful responses, we do not guarantee the accuracy, reliability, or completeness of any information provided by these AI-generated entities. Users acknowledge and agree that they use the Services at their own risk and that Enjoy shall not be held responsible for any inaccuracies or unintended responses generated by the AI.

Indemnification

You agree to indemnify, defend, and hold harmless Enjoy, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

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Termination

Enjoy reserves the right to terminate or suspend access to the Services immediately, without prior notice or liability, for any reason, including breach of Terms. Effect of Termination: Upon termination, users’ rights to use the Services will cease immediately.
 

Amendment
Enjoy reserves the right to modify or replace these Terms at any time. We will provide notice of these changes by updating the date at the top of this page. Continued use of the Services after any changes constitutes acceptance of the new Terms.
 

Governing Law and Dispute Resolution

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. By using the Services, you consent to the exclusive jurisdiction and venue of the courts located in Delaware for the resolution of any disputes arising out of or relating to these Terms or your use of the Services.

Dispute Resolution

-Informal Resolution

Before initiating any formal dispute resolution process, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, through informal negotiations between you and Enjoy.

-Binding Arbitration

If a dispute cannot be resolved through informal negotiations within a reasonable period, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

-Arbitration Procedures

• Initiation: To initiate arbitration, you or Enjoy must provide a written notice of arbitration to the other party, including a detailed description of the dispute and the relief sought.

• Selection of Arbitrator: The AAA will appoint a single arbitrator experienced in commercial disputes. Both parties will share equally in the selection of the arbitrator. If the parties cannot agree, the AAA will appoint the arbitrator.

• Hearing: The arbitration hearing will be conducted in Wilmington, Delaware, unless both parties agree to a different location or a virtual hearing.

• Fees and Costs: Each party shall bear its own costs and attorney fees, and the parties shall share equally the fees and administrative costs of the arbitration, including the arbitrator's fees, unless the arbitrator determines that a different allocation is justified.

-Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights or to prevent unauthorized use of its trademarks, copyrights, or other proprietary rights.

Class Action Waiver

You agree that any arbitration shall be conducted only on an individual basis and not as a class action or other representative action. You expressly waive your right to participate in a class action.

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Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provisions shall be deleted without affecting the remaining provisions herein.